the
Sleuteleted
Effect of the Bill of Rights on existing law
This note summarises a few recent cases involving
of
existing
legislation
repeal inconsistent with the Bill of Rights.
which was held to be
2.
Rights
So
(BOR)
far, court judgements
involving
have
resulted
in the
repeal
the Bill of
of
section
52E(1)(a) of the District Court Ordinance (Cap 336) and a in section 46 and 47 of the
A District Court
few
reverse
provisions onus
Dangerous Drugs Ordinance (Cap
judge,
the
from
was
134).
Judge Cameron, refused to sign stop orders sought by Commissioner of Inland Revenue to prevent three people leaving Hong Kong because he was not satisfied that it After proper to do so in view of Article 8 of the BOR.
the merits of the cases, the Commissioner decided is now considering He withdraw the applications. legislative amendments to the relevant provision to make it
conform with the BOR.
reviewing
to
Making of
prohibition orders
under the
District Court
Ordinance
3.
Section
52E(1)(a)
of the District Court Ordinance
provides that the Court shall have jurisdiction to make an
order prohibiting a
person
from
Kong
prohibition order) to facilitate the enforcement, securing
or
pursuance
of а
leaving Hong
(a
judgement against that person for the
payment of a specified sum of money.
4.
In Tam V Wu (D.C. Civil Jurisdiction Action No. 6250 of 1989), Judge Downey held that the above sub-section
be
repealed by
virtue
of
section 3
of
the BOR on the
grounds that its limitation on the right to leave Hong Kong protected under Article 8(2) of the BOR went beyond what
was permitted
under
Article
8(3)
of
the BOR.
While
recognising the jurisdiction to make prohibition orders was
Restricted